Israeli Policies in Creating Scattered Palestinian Minorities in Light of International Law and the 2024 Advisory Opinion of the International Court of Justice

Abstract

This research examines the Israeli policies and practices that have contributed to the creation and marginalization of Palestinian minorities, focusing on the legal and demographic mechanisms that reshape the Palestinian population and its contraction. It analyzes the specific situation of the Arab minority within Israel, highlighting the decline in their numbers due to occupation-related factors that intersect with historical, ethnic, and linguistic dimensions, resulting in the weakening of the community rather than its empowerment. The research is grounded in international humanitarian law and international human rights law, drawing upon the advisory opinion issued by the International Court of Justice on July 19, 2024, regarding the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem. Employing a descriptive-analytical methodology, the research analyzes legal and demographic data to document the measures that led to the dispersal of Palestinians into scattered minorities in the territories occupied in 1948, and it evaluates attempts to replicate these policies in the 1967 Occupied Palestinian Territories, which have an Arab majority. The findings indicate that these policies constitute a systematic effort to reduce the Palestinian presence and transform Palestinians into vulnerable minorities, producing significant legal and practical implications for the future of the Palestinian people. Accordingly, the research recommends the activation of international legal mechanisms, particularly through documenting Israeli violations in accordance with international law and submitting them to the relevant international bodies, thereby contributing to countering these policies and mitigating their legal and demographic impacts.